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HomeMy WebLinkAboutHis Construction Company - National City Police Department Investigations Capacity Expansion Project - 2025 0 OWNER-CONTRACTOR AGREEMENT NATIONAL CITY POLICE DEPTARTMENT INVESTIGATIONS CAPACITY EXPANSION, CIP NO. 25-15 This Owner-Contractor Agreement ("Agreement") is made by and between the City of National City, 1243 National City Boulevard National City, California 91950 and Fernando Araiza dba His Construction Company ("Contractor"), 2244 Faraday Avenue, Carlsbad, CA 92008, on the 21s* day of October, 2025, for the construction of the above referenced Project. In consideration of the mutual covenants and agreements set forth herein, the Owner and Contractor have mutually agreed as follows: 1. CONSTRUCTION The Contractor agrees to do all the work and furnish all the labor, services, materials and equipment necessary to construct and complete the Project in a turn-key manner in accordance with this Agreement and all documents and plans referenced in Exhibit "A", (hereinafter "Contract Documents"), in compliance with all relevant Federal, State of California, County of San Diego and City of National City codes and regulations, and to the satisfaction of the Owner. 2. CONTRACT PRICE Owner hereby agrees to pay and the Contractor agrees to accept as full compensation for constructing the project in accordance with these Contract Documents in an amount not to exceed the contract price as set forth in Exhibit "B" attached hereto and incorporated herein by reference. Payments to the Contractor shall be made in the manner described in the Special Provisions. 3. TIME FOR PERFORMANCE Time is of the essence for this Agreement and the Contractor shall construct the project in every detail to a complete and turn-key fashion to the satisfaction of the Owner within the specified duration set forth in the Special Provisions. 4. NON-DISCRIMINATION In the performance of this Agreement, the Contractor shall not refuse or fail to hire or employ any qualified person, or bar or discharge from employment any person, or discriminate against any person, with respect to such person's compensation, terms, conditions or privileges of employment because of such person's race, religious status, sex or age. 5. AUTHORIZED OWNER REPRESENTATIVES On behalf of the Owner, the Project Manager designated at the pre-construction meeting shall be the Owner's authorized representative in the interpretation and enforcement of all Work performed in connection with this Agreement. 6. WORKERS' COMPENSATION INSURANCE a) By my signature hereunder, as Contractor, I certify that I am aware of the provisions of Section 3700 of the Labor Code, which requires every employer to be insured against liability for Workers' Compensation or to undertake self-insurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of the Work of this Agreement. b) The Contractor shall require each subcontractor to comply with the requirements of Section 3700 of the Labor Code. Before commencing any Work, the Contractor shall cause each subcontractor to execute the following certification: "I am aware of the provisions of Section 3700 of the Labor Code,which requires every employer to be insured against liability for worker's compensation or to undertake self-insurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of the Work of this Agreement." 7. ENTIRE AGREEMENT; CONFLICT The Contract Documents comprise the entire agreement between the Owner and the Contractor with respect to the Work. In the event of conflict between the terms of this Agreement and the bid of the Contractor, then this Agreement shall control and nothing herein shall be considered as an acceptance of the terms of the bid conflicting herewith. 8. MAINTENANCE OF AGREEMENT DOCUMENTATION Contractor shall maintain all books, documents, papers, employee time sheets, accounting records and other evidence pertaining to costs incurred and shall make such materials available at its office at all reasonable times during the term of this Agreement and for three (3) years from the date of final payment under this Agreement, for inspection by Owner and copies thereof shall be furnished to Owner if requested. 9. INDEPENDENT CONTRACTOR At all times during the term of this Agreement, Contractor shall be an independent contractor and shall not be an employee, agent, partner or joint venturer of the Owner. Owner shall have the right to control Contractor insofar as the results of Contractor's services rendered pursuant to this Agreement; however, Owner shall not have the right to control the means by which Contractor accomplishes such services. 10. LICENSES AND PERMITS Contractor represents and declares to Owner that it has all licenses, permits, qualifications and approvals of whatever nature which are legally required to practice its profession. Contractor represents and warrants to Owner that Contractor shall, at its sole cost and expense, keep in effect at all times during the term of this Agreement, any licenses, permits, qualifications or approvals which are legally required for Contractor to practice its profession. 11. GOVERNING LAW, VENUE This Agreement and the Contract Documents shall be construed under and in accordance with the laws of the State of California, and the appropriate venue for any action or proceeding arising from this Agreement and/or the Contract Documents shall be had in the Superior Court of San Diego, Central Branch. 12. COUNTERPARTS This Agreement may be executed in any number of counterparts, each of which shall for all purposes be deemed to be an original. 13. FALSE CLAIMS Contractor acknowledges that if a false claim is submitted to the Owner, it may be considered fraud and Contractor may be subject to criminal prosecution. Contractor acknowledges that the False Claims Act, California Government Code sections 12650, et seq., provides for civil penalties where a person knowingly submits a false claim to a public entity. These provisions include within their scope false claims made with deliberate ignorance of the false information or in reckless disregard of the truth or falsity of the information. In the event the Owner seeks to recover penalties pursuant to the False Claims Act, it is entitled to recover its litigation costs, including attorneys'fees. Contractor hereby acknowledges that the filing of a false claim may the Contractor to an administrative debarment proceeding wherein Contractor may be prevented from further bidding on public contracts for a period of up to five (5) years. I have read and understood all of the provisions of this Section 13, above: n (Initial) (Initial) 14. AGREEMENT MODIFICATION This Agreement and the Contract Documents may not be modified orally or in any manner other than by an amendment in writing and signed by the Owner and the Contractor. IN WITNESS WHEREOF this Agreement is executed as of the date first written above. Owner: Contractor: Fernando Araiza dba His Construction Company Ron Morrison (Owner/Officer signature) Mayor, City of National City ^^ -- -- Print name and title APPROVED AS TO FORM: (Second officer signature if a corporation) By: Barry J. Schult Print name and title City Attorney c,ArLc sOr✓r✓j 13LN(LO 1 7-1 15-09-Z07-z Contractor's City Business License No. # /oti1y89 (2, State Contractor's License No.and Class ZZLIt-1 (�7^n4laa.y Avc. Business street address C,4A,Se&AO, City,State and Zip Code EXH I BIT A CONTRACT DOCUMENTS Owner/Contractor Agreement Bid Schedule Addenda Plans Special Provisions (Specifications) San Diego County Regional Standard Drawings City of National City Standard Drawings Standard Specifications for Public Works Construction and Regional Supplements (Greenbook) State Standard Specifications State Standard Plans California Building, Mechanical, Plumbing and Electrical Codes Permits issued by jurisdictional regulatory agencies Electric, gas, and communications companies' specifications and standards Sweetwater Authority specifications and standards Specifications, standards and requirements of MTS, BNSF, SANDAG, Port of San Diego and all other agencies that may be adjacent and/or affected by the project. /A CORPORATE CERTIFICATE I, certify that I am the Secretary of the Corporation named as Contractor in the foregoing Contract;that who signed said contract on behalf of the Contractor, was then of said Corporation; that said contract was duly signed for and in behalf of said Corporation by authority of its governing body and is within the scope of its corporate powers. I, certify that I am the Secretary of the Corporation named as Contractor in the foregoing Contract;that who signed said contract on behalf of the Contractor, was then of said Corporation;that said contract was duly signed for and in behalf of said Corporation by authority of its governing body and is within the scope of its corporate powers. Corporate Seal: V.A PARTNERSHIP CERTIFICATE STATE OF ) ss COUNTY OF ) On this day of 20 before me, the undersigned, a Notary Public in and for said County and State, personally appeared: (Notary Seal) known to me to be of the partners of the partnership that executed the within instrument, and acknowledged to me that such partnership executed the same. Signature: Name (Type or Print): (Notary Public in and for said County and State) My Commission expires: BOND NO. GM253020 PREMIUM:$4,723.00 Premium charged is for contract tens and subject to adjustment based on final contract amount. PERFORMANCE BOND WHEREAS, the City Council of the City of National City, by Resolution No. 2025- 15 OR the City Manager of the City of National City, on the 21s' day of October, 2025, has awarded Fernando Araiza dba His Construction Company, hereinafter designated as the "Principal", the NATIONAL CITY POLICE DEPARTMENT INVESTIGATIONS CAPACITY EXPANSION project. WHEREAS, said Principal is required under the terms of said contract to furnish a bond for the faithful performance of said contract. NOW, THEREFORE, we, the Principal and Great Midwest Insurance Company as surety, are held and firmly bound unto the City of National City, hereinafter called the "City", in the penal sum of Two Hundred Forty Eight Thousand, One Hundred Sixty Nine Dollars ($248,169.00) lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators and successors,jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH THAT if the above bounden Principal, his/her or its heirs, executors, administrators,successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions and agreements in the said contract any alteration thereof made as therein provides, on his or their part, to be kept and performed at the time and in the amount therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless the City of National City, its officers,agents, employees, and volunteers as therein stipulated,then this obligation shall become null and void;otherwise it shall be and remain in full force and virtue. And the said Surety,for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract or to the work to be performed herein or the specifications accompanying the same shall in any wise affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or additions to the terms of the contract or to the work or to the specifications. In the event suit is brought upon this bond by the City and judgment is recovered, the surety shall pay all costs incurred by the City in such suit, including a reasonable attorney's fee to be fixed by the Court. IN WITNESS WHEREOF three identical counterparts of this instrument, each of which shall for all purposes be deemed an original thereof, have been duly executed by the Principal and Surety above named, on the loth day of November 2025 . Great Midwest Insurance Company (SEAL) Fernando Araiza dba His Construction Company(SEAL) L►c1 �(SEAL) (SEAL) Edward N.Hackett,Attorney-in-Fact (SEAL) (SEAL) Surety Principal PLEASE SEE ATTACHED CALIFORNIA RAT C LNOM,"►LEDGE- TENT PERFORMANCE BOND ATTORNEY-IN-FACT ACKNOWLEDGEMENT OF SURETY STATE OF See Attached ) ss COUNTY OF ) On this day of 20 before me, the undersigned, a Notary Public in and for said County and State, personally appeared known to me to be the person whose name is subscribed to the within instrument as the attorney-in-fact of the , the corporation named as Surety in said instrument, and acknowledged to me that he subscribed the name of said corporation thereto as Surety, and his own name as attorney-in-fact. NOTE: Signature of those executing for NOTE: The Attorney-in-fact must attach a Surety must be properly certified copy of the Power of acknowledged. Attorney. Signature: See Attached Name (Type or Print): Notary Public in and for said County and State My Commission expires: CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT CIVIL CODE § 1189 . . . . . A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document, to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California ) County of Orange ) On NOV 10 2025 before me, Carly P. Matlock, Notary Public Date Here Insert Name and Title of the Officer personally appeared Edward N. Hackett Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s)whose name(s)isAwe- subscribed to the within instrument and acknowledged to me that he/.&heA#e�Lexecuted the same in his/heF/#Y& authorized capacity(ies), and that by his4ief4heif-signatures) on the instrument the person( ), or the entity upon behalf of which the persorl acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. `y = WITNESS my hand and official seal.� Signature #242366� SigrPature of Notary Public Place Notary Seal Above Description of Attached Document Title or Type of Document: Pe.rF. g.nd Flo. Gm Q_S3o000 Document Date: NOV 10 2025 Number of Pages: 3 Signer(s) Other Than Named Above: N/A Capacity(ies) Claimed by Signer(s) Signer's Name: Edward N. Hackett Signer's Name: ❑ Corporate Officer—Title(s): ❑ Corporate Officer—Title(s): ❑ Partner- u Limited u General L Partner- L Limited ❑ General ❑ Individual ® Attorney in Fact ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Trustee ❑ Guardian or Conservator ❑ Other: ❑ Other: Travelers Casualty and Surety Signer is Representing: Company of America Signer is Representing: ©2014 National Notary Association * www NationalNotary.org * 1-800-USNOTARY (1-800-876-6827) Item#5907 C-5 POWER OF ATTORNEY Great Midwest Insurance Company KNOW ALL MEN BY THESE PRESENTS,that GREAT MIDWEST INSURANCE COMPANY,a Texas Corporation, with its principal office in Houston, TX, does hereby constitute and appoint:Edward N. Hackett, Christine Maestas its true and lawful Attorney(s)-In-Fact to make, execute, seal and deliver for, and on its behalf as surety, any and all bonds, undertakings or other writings obligatory in nature of a bond. This authority is made under and by the authority of a resolution which was passed by the Board of Directors of GREAT MIDWEST INSURANCE COMPANY, on the 151 day of April, 2025 as follows: Resolved, that the President, or any officer, be and hereby is, authorized to appoint and empower any representative of the Company o other person or persons as Attorney-In-Fact to execute on behalf of the Company any bonds, undertakings, policies, contracts of indemnity or other writings obligatory in nature of a bond not to exceed One-Hundred Million dollars ($100,000,000.00), which the Company might execute through its duly elected officers, and affix the seal of the Company thereto. Any said execution of such documents by an Attorney-In-Fact shall be as binding upon the Company as if they had been duly executed and acknowledged by the regularly elected officers of the Company.Any Attorney-In- Fact, so appointed, may be removed in the Company's sole discretion and the authority so granted may be revoked as specified in the Power o Attorney. Resolved, that the signature of the President and the seal of the Company may be affixed by electronic mail on any power of attorney granted, and the signature of the Secretary, and the seal of the Company may be affixed by electronic mail to any certificate of any such powe and any such power or certificate bearing such electronic signature and seal shall be valid and binding on the Company. Any such power so executed and sealed and certificate so executed and sealed shall, with respect to any bond of undertaking to which it is attached, continue to b valid and binding on the Company. IN WITNESS THEREOF, GREAT MIDWEST INSURANCE COMPANY, has caused this instrument to be signed by its President, and its Corporate Seal to be affixed this 8th day of April, 2025. �5�kwsu C GREAT MIDWEST INSURANCE COMPANY F T w . � � CORPORATE SEAL � BY <� P � Mark W. Haushill fs coRPoa� President ACKNOWLEDGEMENT On this 8th day of April 2025, before me, personally came Mark W. Haushill to me known, who being duly sworn, did depose and say that he is the President of GREAT MIDWEST INSURANCE COMPANY,the corporation described in and which executed the above instrument,that he executed said instrument on behalf of the corporation by authority of his office under the By-laws of said corporation. CHRISTINABO40P My Notary ID#131090488 BYExpki Lf��Ltifi/17/L�f 5 Christina Bishop fir Notary Public CERTIFICATE I, the undersigned, Secretary of GREAT MIDWEST INSURANCE COMPANY, A Texas Insurance Company, DO HEREBY CERTIFY that the original Power of Attorney of which the foregoing is a true and correct copy,is in full force and effect and has not been revoked and the resolutions as set forth are now in force. Signed and Sealed at Houston, TX this I Oth Day of November 2025 �5A JasuRc Fco CORPORATE SEAL BY Patricia 99an Secretaryqs CORPoa� "WARNING:Any person who knowingly and with intent to defraud any insurance company or other person,files and application for insurance of claim containing any materially false information, or conceals for the purpose of misleading, information concerning any fact material thereto, commits a fraudulent insurance act,which is a crime and subjects such person to criminal and civil penalties. No. 5780-2 STATE OF CALIFORNIA DEPARTMENT OF INSURANCE SAN FRANCISCO Amended Certificate of Authority THIS IS TO CERTIFY,That,pursuant to the Insurance Code of the State of California, Great Midwest Insurance Company of Texas,organized under the laws of Texas,subject to its Articles of Incorporation or other f ndamental organizational documents,is hereby authorized to transact within this State,subject to all provisions of this Certificate, the following classes of insurance: Fire,Marine,Surety,Disability,Plate Glass,Liability, Workers'Compensation,Common Carrier Liability,Boiler and Machinery, Burglary,Credit,Sprinkler,Team and Vehicle,Automobile,and Aircraft as such classes are now or may hereafter be defined in the Insurance Laws of the State of California. THIS CERTIFICATE is expressly conditioned upon the holder hereof now and hereafter being in full compliance with all,and not in violation ofany,of the applicable laws and lawful requirements made under authority of the laws of the State of California as long as such laws or requirements are in effect and applicable,and as such laws and requirements now are, or may hereafter be changed or amended IN WITNESS WHEREOF,effective as of the 4'day ofAugust 2015, I have hereunto set my hand and caused my official seal to be ajfxed this 4"day of August, 2015. Dave Jones Insurance Commissioner By Valerie Sarfaty for Nettie Hoge Chief Deputy NOTICE: Qualification with the Secretary of State must be accomplished as required by the California Corporations Code promptly after issuance ofthis Certificate of Authority.Failure to do so will be a violation of Insurance Code section 701 and will be grounds for revoking this Certificate of Authority pursuant to the covenants made in the application therefor and the conditions contained herein. CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached,and not the truthfulness,accuracy,or validity of that document. State of California l County ofK 6� before me, �0 On ' Date �i ,/� �(�� H re Insert Name and Title the Officer ,personally appeared } �V i``�' U AVM(2k Nome(s)of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s)whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s),or the entity upon behalf of which the person(s) acted, executed the instrument. *my TUUAGA ILASA I certify under PENALTY OF PERJURY under the Notary Public•California laws of the State of California that the foregoing San Diego County paragraph is true and correct. Commission#2518260 Comm,Expires Apr 25,2029 WITNESS my hand and official seal. Signature Place Notary Seal and/or Stomp Above Sig ture of Notary Public OPTIONAL Completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: ❑ Corporate Officer— Title(s): ❑ Corporate Officer — Title(s): ❑ Partner— ❑ Limited ❑ General ❑ Partner— ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian of Conservator ❑ Trustee ❑ Guardian of Conservator ❑ Other: ❑ Other: Signer is Representing: Signer is Representing: ©2017 National Notary Association BOND NO. GM253020 Premium included in charge for Performance Bond. PAYMENT BOND WHEREAS, the City Council of the City of National City, by Resolution No. 2025- 15 , OR the City Manager of the City of National City, on the 21s'day of October, 2025, has awarded Fernando Araiza dba His Construction Company, hereinafter designated as the "Principal", the NATIONAL CITY POLICE DEPARTMENT INVESTIGATIONS CAPACITY EXPANSION project. WHEREAS, said Principal is required by Chapter 5 (commencing at Section 3225) and Chapter 7 (commencing at Section 3247), Title 15, Part 4, Division 3 of the California Civil Code to furnish a bond in connection with said contract; NOW, THEREFORE, we, the Principal and Great Midwest Insurance Company as surety, are held and firmly bound unto the City of National City, hereinafter called the "City", in the penal sum of Two Hundred Forty Eight Thousand, One Hundred Sixty Nine Dollars($248,169.00) lawful money of the United States,for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators and successors,jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH that if said Principal, his/her or its subcontractors, heirs,executors,administrators,successors,or assigns,shall fail to pay any of the persons named in Section 3181 of the California Civil Code, or amounts due under the Unemployment Insurance Code with respect to work or labor performed by any such claimant, or for any amounts required to be deducted, withheld, and paid over to the Franchise Tax Board from the wages of employees of the Contractor and his subcontractors pursuant to Section 18806 of the Revenue and Taxation Code, with respect to such work and labor the Surety will pay for the same in an amount not exceeding the sum hereinafter specified, and also, in case suit is brought upon this bond, a reasonable attorney's fee, to be fixed by the Court. This Bond shall insure to the benefit of any of the persons named in Section 3181 of the California Civil Code, so as to give a right of action to such persons or their assigns in any suit brought upon this bond. It is further stipulated and agreed that the Surety on this bond shall not be exonerated or released from the obligation of this bond by any change, extension of time for performance, addition, alteration or modification in, to, or of any contract, plans, specifications, or agreement pertaining or relating to any scheme or work of improvement hereinabove described or pertaining or relating to the furnishing of labor, materials, or equipment therefore, not by any change or modification of any terms of payment or extension of the time for any payment pertaining or relating to any scheme or work of improvement hereinabove described, nor by any rescission or attempted rescission of the contract, agreement or bond, nor by any conditions precedent or subsequent in the bond attempting to limit the right of recovery of claimants otherwise entitled to recover under any such contract or agreement or under the bond, nor by any fraud practiced by any person other than the claimant seeking to recover on the bond and that this bond be construed most strongly against the Surety and in favor of all persons for whose benefit such bond is given, and under no circumstances shall Surety be released from liability to those for whose benefit such bond has been given, by reason of any breach of contract between the owner of Public Entity and original contractor or on the part of any obliges named in such bond, but the sole conditions of recovery shall be that claimant is a person described in Section 3110 or 3112 of the California Civil Code, and has not been paid the full amount of his claim and that Surety does hereby waive notice of any such change, extension of time, addition, alteration or modification herein mentioned. IN WITNESS WHEREOF three identical counterparts of this instrument, each of which shall for all purposes be deemed an original thereof, have been duly executed by the Principal and Surety above named, on the 10tn day of November 2025 . Great Midwest Insurance Company (SEAL) Fernando Araiza dba His Construction Company (SEAL) 1,,64-- (SEAL) �� (SEAL) Edward N. Hackett,Attorney-in-Fact (SEAL) (SEAL) Surety Principal a'�,,-k,SE SEE ATTACHED CALIFORNIA IU fBAT /��C�'�®�1F/EEDIsElbIENT ATTORNEY-IN-FACT ACKNOWLEDGEMENT OF SURETY STATE OF See Attached ) ss COUNTY OF ) On this day of 20 before me, the undersigned, a Notary Public in and for said County and State, personally appeared known to me to be the person whose name is subscribed to the within instrument as the attorney-in-fact of the , the corporation named as Surety in said instrument, and acknowledged to me that he subscribed the name of said corporation thereto as Surety, and his own name as attorney-in-fact. NOTE: Signature of those executing for NOTE: The Attorney-in-fact must attach a Surety must be properly certified copy of the Power of acknowledged. Attorney. Signature: See Attached Name (Type or Print): (Notary Public in and for said County and State) My Commission expires: ATTACH ALL BONDS CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT CIVIL CODE § 1189 s.c,•Gc;'�•,�•sR.�Y,c.�`x.('cr•�rct�.c.Y.c.C<.�`s.ccr,.• . ._ .. .. A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document, to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California ) County of Orange ) On NOV 10 2025 before me, Carly P. Matlock, Notary Public Date Here Insert Name and Title of the Officer personally appeared Edward N. Hackett Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person fs)whose name(s)isAafe- subscribed to the within instrument and acknowledged to me that he/s aAhey-executed the same in his/hefAheir authorized capacity(k-,*, and that by his/ief/tFteif signatures} on the instrument the person fs), or the entity upon behalf of which the person(s)acted, executed the instrument. 001111111111111,141Z y'1ue c, l! I certify under PENALTY OF PERJURY � under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. �i Signature FXP�x SignAlture of Notary Public nmm�una Place Notary Seal Above Description of Attached Document Title or Type of Document: Past• 180na 00. c,M ls302.0 Document Date: NOV 10 2025 Number of Pages: 3 Signer(s) Other Than Named Above: N/A Capacity(ies) Claimed by Signer(s) Signer's Name: Edward N. Hackett Signer's Name: ❑ Corporate Officer—Title(s): ❑ Corporate Officer—Title(s): ❑ Partner- ❑ Limited ❑ General ❑ Partner- L Limited a General ❑ Individual m Attorney in Fact ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Trustee ❑ Guardian or Conservator Other: ❑ Other: Travelers Casualty and Surety Signer is Representing: Company of America Signer is Representing: ©2014 National Notary Association www.National Notary,org' 1-800-USNOTARY (1-800-876-6827) Item#5907 C-5 POWER OF ATTORNEY Great Midwest Insurance Company KNOW ALL MEN BY THESE PRESENTS,that GREAT MIDWEST INSURANCE COMPANY, a Texas Corporation,with its principal office in Houston, TX, does hereby constitute and appoint:Edward N. Hackett, Christine Maestas its true and lawful Attorney(s)-In-Fact to make, execute, seal and deliver for, and on its behalf as surety, any and all bonds, undertakings or other writings obligatory in nature of a bond. This authority is made under and by the authority of a resolution which was passed by the Board of Directors of GREAT MIDWEST INSURANCE COMPANY, on the 1 s'day of April, 2025 as follows: Resolved, that the President, or any officer, be and hereby is, authorized to appoint and empower any representative of the Company o other person or persons as Attorney-In-Fact to execute on behalf of the Company any bonds, undertakings, policies, contracts of indemnity or other writings obligatory in nature of a bond not to exceed One-Hundred Million dollars ($100,000,000.00), which the Company might execute through its duly elected officers, and affix the seal of the Company thereto. Any said execution of such documents by an Attorney-In-Fact shall be as binding upon the Company as if they had been duly executed and acknowledged by the regularly elected officers of the Company.Any Attorney-In- Fact, so appointed, may be removed in the Company's sole discretion and the authority so granted may be revoked as specified in the Power o Attorney. Resolved, that the signature of the President and the seal of the Company may be affixed by electronic mail on any power of attorney granted, and the signature of the Secretary, and the seal of the Company may be affixed by electronic mail to any certificate of any such powe and any such power or certificate bearing such electronic signature and seal shall be valid and binding on the Company. Any such power so executed and sealed and certificate so executed and sealed shall, with respect to any bond of undertaking to which it is attached, continue to bE valid and binding on the Company. IN WITNESS THEREOF, GREAT MIDWEST INSURANCE COMPANY, has caused this instrument to be signed by its President, and its Corporate Seal to be affixed this 8th day of April, 2025. �St�Hgwq�c GREAT MIDWEST INSURANCE COMPANY ,S� o CORPORATE SEAL ,,, BY / L J Mark W. Haushill rS CORPOP President ACKNOWLEDGEMENT On this 8th day of April 2025, before me, personally came Mark W. Haushill to me known, who being duly sworn, did depose and say that he is the President of GREAT MIDWEST INSURANCE COMPANY,the corporation described in and which executed the above instrument;that he executed said instrument on behalf of the corporation by authority of his office under the By-laws of said corporation. A CHR15TMtABISHOP i My Notary ID#131090488 BY ExpiresApr414,2029 Christina Bishop Notary Public CERTIFICATE I, the undersigned, Secretary of GREAT MIDWEST INSURANCE COMPANY, A Texas Insurance Company, DO HEREBY CERTIFY that the original Power of Attorney of which the foregoing is a true and correct copy,is in full force and effect and has not been revoked and the resolutions as set forth are now in force. Signed and Sealed at Houston,TX this 110th Day of IJ oV� 2025 CORPORATE SEAL BY A�) Patricia my,n qs CORP OPtj\O? Secretary "WARNING:Any person who knowingly and with intent to defraud any insurance company or other person, files and application for insurance of claim containing any materially false information, or conceals for the purpose of misleading, information concerning any fact material thereto, commits a fraudulent insurance act,which is a crime and subjects such person to criminal and civil penalties. No. 5780-2 STATE OF CALIFORNIA DEPARTMENT OF INSURANCE SAN FRANCISCO Amended Certificate of Authority THIS IS TO CERTIFY,That,pursuant to the Insurance Code of the State of California, Great Midwest Insurance Company of Texas,organized under the laws of Texas,subject to its Articles of Incorporation or other fundamental organizational documents,is hereby authorized to transact within this State,subject to all provisions of this Certificate, the following classes of insurance: Fire,Marine,Surety,Disability,Plate Glass,Liability, Workers'Compensation,Common Carrier Liability,Boiler and Machinery, Burglary,Credit,Sprinkler,Team and Vehicle,Automobile,and Aircraft as such classes are now or may hereafter be defined in the Insurance Laws of the State of California. THIS CERTIFICATE is expressly conditioned upon the holder hereof now and hereafter being in full compliance with all,and not in violation of arty,of the applicable laws and lawful requirements made under authority of the laws of the State of California as long as such laws or requirements are in effect and applicable,and as such laws and requirements now are, or may hereafter be changed or amended IN WITNESS WHEREOF,elective as of the 4'day ofAugust,201 S, I have hereunto set my hand and caused my official seal to be affixed this 0 day of August, 2015. Dave Jones Insurance Commissioner By Valerie Sarfaty for Nettie Hoge Chief Deputy NOTICE: Qualification with the Secretary of State must be accomplished as required by the California Corporations Code promptly after issuance of this Certificate of Authority.Failure to do so will be a violation of Insurance Code section 701 and will be grounds for revoking this Certificate of Authority pursuant to the covenants made in the application therefor and the conditions contained herein. CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached,and not the truthfulness,accuracy,or validity of that document. State of California l County of `r2A j On LI. 12" 70 7-G before me, Rd 11I F- I '��'C' Date �/� H e Insert Name and Title f e Officer ,personally appeared fe"!�(k AyP7 I Nome(s)of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies),and that by his/her/their signature(s)on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the ry TUUAGA ILASA laws of the State of California that the foregoing / Notary Public•California paragraph is true and correct. '_ ► San Diego County ` Commission#2518260 WITNESS my hand and officia eal. ' �•" My Comm.Expires Apr 25, 2029 Signature Place Notary Seal and/or Stamp Above gnature of Notary Public OPTIONAL Completing this information can deter alteration of the document or fraudulent reattachment of this form to on unintended document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: ❑ Corporate Officer— Title(s): ❑ Corporate Officer — Title(s): ❑ Partner— ❑ Limited ❑ General ❑ Partner— ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian of Conservator ❑ Trustee ❑ Guardian of Conservator ❑ Other: ❑ Other: Signer is Representing: Signer is Representing: ©2017 National Notary Association RESOLUTION NO. 2025 - 143 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA, 1) AWARDING A CONTRACT TO FERNANDO ARAIZA DBA HIS CONSTRUCTION COMPANY IN THE NOT-TO-EXCEED AMOUNT OF $248,169 FOR THE NATIONAL CITY POLICE DEPARTMENT INVESTIGATIONS CAPACITY EXPANSION PROJECT, CIP NO. 25-15; 2) AUTHORIZING THE ESTABLISHMENT OF AN APPROPRIATION OF $200,000 FOR THE PROJECT IN THE DEVELOPMENT IMPACT FEES FUND (POLICE); 3) AUTHORIZING A 15% CONTINGENCY IN THE AMOUNT OF $37,226 FOR ANY UNFORESEEN CHANGES; AND 4) AUTHORIZING THE MAYOR TO EXECUTE THE CONTRACT. WHEREAS, the National City Police Department Investigations Capacity Expansion Project, CIP No. 25-15 (the "Project") will provide a complete tenant improvement to the National City Police Department Investigations work area, which will increase capacity and allow for more efficient operations; and WHEREAS, on August 21, 2025, the bid solicitation for the Project was posted on PlanetBids, a free public electronic bidding system for contractors; and WHEREAS, on August 261h and September 2nd, 2025, the bid solicitation was advertised in the local newspaper; and WHEREAS, on September 19, 2025, six(6)bids were received by the 5:00 p.m. deadline; and WHEREAS, upon review of all documents submitted, Fernando Araiza dba His Construction Company's bid in the total bid amount of $248,169 was deemed responsive and they are the lowest responsible bidder qualified to perform the work as described in the Project specifications; and WHEREAS, City staff recommends awarding a contract to Fernando Araiza dba His Construction Company in the not to-exceed amount of $248,169 for the National City Police Department Investigations Capacity Expansion Project, CIP No. 25-15 and authorizing a 15% contingency in the amount of $37,226 for any unforeseen changes. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA, DOES RESOLVE, DECLARE, DETERMINE, AND ORDER AS FOLLOWS: Section 1: That the City Council hereby authorizes the Mayor to execute the contract with Fernando Araiza dba His Construction Company in the not-to-exceed amount of $248,169 for the National City Police Department Investigations Capacity Expansion Project, CIP No. 25-15. Section 2: That the City Council hereby authorizes a 15% contingency in the amount of $37,226 for any unforeseen changes. Section 3: That the City Council hereby authorizes the establishment of an appropriation of $200,000 for the Project in the Development Impact Fees Fund (Police). Section 4: That the City Clerk shall certify to the passage and adoption of this Resolution and enter it into the book of original Resolutions. PASSED and ADOPTED this 21st day of Oc er, 2025. Ro Morrison, Mayor ATTEST: D� ShelleVl7hapel, MMC, City Clerk APPROVED AS TO FORM: Barry J.Vultz, City Attorney Passed and adopted by the City Council of the City of National City, California, on October 21 , 2025 by the following vote, to-wit: Ayes: Molina, Rodriguez, Yamane, Bush, Morrison Nays: None. Absent- None. Abstain.- None. AUTHENTICATED BY: RON MORRISON Mayor of the City of National City, California W1T�., Shelley Chapel City Clerk of the City of National City, California �r BY: ,CAL.�E02 rl Shelley Chf el, MMC, City Clerk EXHIBIT B CONTRACT PRICE No. Item Description Unit I Qty I Unit Price Line Total Base Bid 1 Provide Lump Sum cost for the required items as LS 1 $248,169.00 $248,169.00 described in the Plans and Contract Documents. Subtotal $248,169.00 Total $248,169.00